NUMBER 13-17-00420-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
TRACE BRITTON ADAMS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 377th District Court
of Victoria County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Benavides, and Longoria
Order Per Curiam
This cause is before the Court on pro se appellant’s motion to correct inaccuracies
in the reporter’s record. The reporter’s record was filed on September 25, 2017.
Appellant requests that this Court correct inaccuracies in the reporter’s record.
Specifically, appellant states that two objections to the trial court’s jury charge were
omitted from the reporter’s record. Additionally, appellant states that counsel’s request
to add penal code language, the trial court’s ruling, and defendant’s objection regarding
the request, were omitted from the record.
Texas Rule of Appellate Procedure 34.6(e)(3) provides that if a dispute arises after
the reporter’s record has been filed in the appellate court, the Court may submit the
dispute to the trial court for resolution. See TEX. R. APP. P. 34.6 (e)(3). If the trial court
finds any inaccuracy, it shall order the court reporter to conform the reporter’s record,
including any text and exhibits, to what occurred in the trial court, and to file certified
corrections in this Court. See Tex. R. App. P. 34.6(e)(2).
Accordingly, we CARRY WITH THE CASE appellant’s motion to correct the
inaccuracies in the reporter’s record. This appeal is ABATED and the cause
REMANDED to the trial court. Upon remand, the judge of the trial court shall immediately
cause notice to be given and conduct a hearing to settle the dispute regarding the
inaccuracy the reporter’s record. If the court finds any inaccuracy, it shall order the court
reporter to conform the reporter’s record, including any text and exhibits, to what occurred
in the trial court, and to file certified corrections in this Court. See Tex. R. App. P.
34.6(e)(2).
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order. Should the trial court require more
time to comply with the directions of this Court, it shall request an extension prior to the
expiration of this deadline.
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PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
17th day of November, 2017.
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